Board Policy 2-230

SECTION 2
BOARD OF EDUCATION
(policy numbers without corresponding policies are intentional
and are available for future policy assignment)
Governance
2-10 School District Governance
2-20 Powers and Duties of the Board
Board Member
2-30 Board of Education Elections
2-40 Board Member Qualifications
2-50 Board Member Term of Office
2-60 Board Member Removal from Office
2-70 Vacancies on Board - Filling Vacancies
2-80 Board Member Ethics
2-90 Board Self-Evaluation
2-100 Board Member Conflict of Interest
2-110 Board Officers
2-120 Board Member Development
2-125 Board Member Expenses
Board Relationships
2-130 Board-Superintendent Relationships
2-140 Communications to and from the Board
2-150 Committees
2-160 School Attorney
2-170 School Architect and other Professionals
2-180 (Open)
Board Meetings
2-190 Mailing Lists for Receiving Board Material
2-200 Types of Board of Education Meetings
2-210 Organizational Board Meetings
2-220 Board of Education Meeting Procedure
2-230 Public Participation at Board Meetings
Board Policy
2-240 Board Policy Development
Board Records
2-250 Access to District's Public Records
2-250R Procedure Access to District’s Public Record
Uniform Grievance Procedure
2-260 Uniform Grievance Procedure
Board of Education Policy 2-10
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BOARD OF EDUCATION
SCHOOL DISTRICT GOVERNANCE
New Trier Township High School District 203 is governed by a Board of Education
consisting of seven members. The Board is a body politic authorized by the State of
Illinois and receives its authority from the Constitution of the State of Illinois, The School
Code of Illinois, and from such laws and statues as are passed by the General Assembly.
The Board’s powers and duties include the broad authority to adopt and enforce all
necessary policies for the management and government of the District’s programs and
facilities.
Legal Reference: 105 ILCS 5/10-1
105 ILCS 5/10-10
105 ILCS 10-20.5
Adopted: 6/23/94
Revised: 8/24/98
Affirmed: 3/20/2006
Board of Education Policy 2-20
Page 1 of 1
BOARD OF EDUCATION
POWERS AND DUTIES OF THE BOARD
The Board of Education is a legal body created by law and empowered by The School
Code of Illinois, and as such has complete and final authority, when acting as a body,
over all matters attending the operation of the School District. Board members acting as
individuals have no authority over District affairs.
The Board will adopt all policies for the operation and content of school programs,
employment of personnel, allocation of resources and maintenance of facilities.
The Board shall have such other powers and duties that are authorized and/or prescribed
by law.
Legal Reference: 105 ILCS 5/10-20
105 ILCS 5/10-21
105 ILCS 10-22
Adopted: 6/23/94
Revised: 8/24/98
Affirmed: 3/20/2006
Board of Education Policy 2-30
Page 1 of 1
BOARD OF EDUCATION
BOARD OF EDUCATION ELECTIONS
The Board of Education elections are governed by the general election laws of the State.
Members of the Board are elected to four-year terms at the consolidated election
established by The School Code of Illinois and the Illinois Election Code in oddnumbered years. The Board is comprised of seven members.
Legal Reference: 105 ILCS 5/9-1 et seq.
10 ILCS 5/2A-1.1
10 ILCS 5/2A-48
Adopted: 6/23/94
Revised: 8/24/98
Revised: 3/20/2006
Board of Education Policy 2-40
Page 1 of 1
BOARD OF EDUCATION
BOARD MEMBER QUALIFICATIONS
A Board of Education member must be, on the date of election, a United States citizen at
least 18 years of age, a resident of Illinois and the District for at least one year
immediately preceding election, and a registered voter. A Board member may not be a
school trustee nor a school treasurer and may not hold a public or elective office that is
incompatible with Board membership, and may not be a child sex offender as defined by
State law. A Board member must have filed an economic interest statement as required
by the Illinois Government Ethics Act.
Legal References: Ill. Const., Art. 2, para. 1; Art. 4, para. 2(e); Art. 6, para. 13(b);
105 ILCS 5/10-3
105 ILCS 5/10-10
Adopted: 6/23/94
Revised: 8/24/98
Revised: 3/20/2006
Board of Education Policy 2-50
Page 1 of 1
BOARD OF EDUCATION
BOARD MEMBER TERM OF OFFICE
The term of office for a Board of Education member is a four-year term beginning within
twenty-eight days after the consolidated election held in odd-numbered years, or as
otherwise provided by law.
Legal References: 105 ILCS 5/10-10
105 ILCS 5/10-16
105 ILCS 5/2A-1.1
105 ILCS 5/2A-48
Adopted: 6/23/94
Revised: 8/24/98
Revised: 3/20/2006
Board of Education Policy 2-60
Page 1 of 1
BOARD OF EDUCATION
BOARD MEMBER REMOVAL FROM OFFICE
If a majority of the Board of Education determines that a Board Member has willfully
failed to perform his or her official duties, it may request the Regional Superintendent to
remove such member from office.
Legal Reference: 105 ILCS 5/3-15.5
Adopted: 6/23/94
Affirmed: 3/20/2006
Board of Education Policy 2-70
Page 1 of 2
BOARD OF EDUCATION
VACANCIES ON BOARD — FILLING VACANCIES
Vacancy
Elective office of a Board of Education member becomes vacant before the term’s
expiration when any of the following occurs:
1. death;
2. resignation in writing filed with the Secretary of the Board;
3. legal disability;
4. conviction of an infamous crime, or of any offense involving a violation of
official oath;
5. removal from office;
6. the decision of a competent tribunal declaring his or her election void;
7.ceasing to be an inhabitant of a particular area from which he or she was
elected, if the residential requirements contained in The School Code of Illinois
are violated; or
8. an illegal conflict of interest; or
9. acceptance of a second public office that is incompatible with School Board
membership.
Filling Vacancies
Whenever a vacancy occurs, the remaining members shall notify the Regional
Superintendent of Schools of that vacancy within five working days after its occurrence.
Policy 2-70
Pate 2 of 2
The Board shall publicize the vacancy and accept resumes from District residents who
are interested in being appointed to fill the vacancy and who meet the legal qualifications
to be a Board member. After reviewing these resumes, the Board may invite the
prospective candidates for a personal interview to be conducted during a duly closed
meeting. The Board shall fill the vacancy within 45 working days after it occurred by a
public vote at a meeting of the Board. If the vacancy occurs with 868 days or more
remaining in the term, the person shall serve until the next regular Board election, at
which time, a successor shall be elected to serve the remainder of the unexpired term.
However, if the vacancy occurs with less than 868 days remaining in the term, the person
so appointed shall serve the remainder of the unexpired term, and no election to fill the
vacancy shall be held. Members appointed by the remaining members of the Board to fill
vacancies shall have the same residential qualifications as their predecessors.
Legal References: 105 ILCS 5/10-10
105 ILCS 5/10-11
Adopted: 6/23/94
Revised: 8/24/98
Revised: 3/20/2006
Board of Education Policy 2-80
Page 1 of 2
BOARD OF EDUCATION
BOARD MEMBER ETHICS
The Board of Education adopts the Illinois Association of School Boards’ “Code of
Conduct for Members of School Boards” and directs the Superintendent to display a copy
of the Code in the Board Room. The Code is as follows:
Each member of the New Trier Township High School District 203 Board ascribes to the
following code of ethics:
1. I shall represent all District constituents honestly and equally and refuse to
surrender my responsibilities to special interest or partisan political groups.
2. I shall avoid any conflict of interest or any appearance of impropriety which
could result from my position, and shall not use my Board membership for
personal gain or publicity.
3. I shall recognize that a Board member has no legal authority as an individual
and that decisions can be made only by a majority vote at a Board meeting.
4. I shall take no private action that might compromise the Board or
administration and shall respect the confidentiality of privileged information.
5. I shall abide by majority decisions of the Board, while retaining the right to
seek changes in such decisions through ethical and constructive channels.
6. I shall encourage and respect the free expression of opinion by my fellow
Board members and others who seek a hearing before the Board.
7. I shall be involved and knowledgeable about local educational concerns as
well as State and national issues.
In addition, I shall encourage my Board to pursue the following goals:
Policy 2-80
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1. The development of educational programs which meet the individual needs of
every student, regardless of ability, race, sex, religion, national origin,
ancestry, age or handicap;
2. The development of procedures for the regular and systematic evaluation of
programs, staff performance and Board operations to ensure progress toward
educational and fiscal goals;
3. The development of effective Board policies which provide direction for the
operation of the School District’s programs and facilities and delegate
authority to the Superintendent for their administration;
4. The development of systematic communications which ensure that the Board,
administration, staff, students and community are fully informed and that the
staff understands the community’s aspirations for its School District; and
5. The development of sound business practices which ensure that all
expenditures are consistent with New Trier’s academic goals, philosophy and
motto, and are within the financial constraints of the community.
Adopted: 6/23/94
Revised: 8/24/98
Revised: 11/20/2006
Board of Education Policy 2-90
BOARD OF EDUCATION
BOARD SELF-EVALUATION
The Board of Education shall conduct annual self-evaluations.
Adopted: 6/23/94
Revised: 3/20/2006
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Board of Education Policy 2-100
Page 1 of 1
BOARD OF EDUCATION
BOARD MEMBER CONFLICT OF INTEREST
No Board of Education member shall have a beneficial interest directly or indirectly in
any contract, work, or business of the District unless permitted by statute. Abstaining on
a vote or absence from the meeting when a vote is taken does not negate an otherwise
illegal conflict of interest.
Board members must annually file a “Statement of Economic Interests” as required by
the Illinois Government Ethics Act. Each Board member is responsible for filing the
statement with the county clerk of the county in which the Board member resides by
May 1.
Legal References: 50 ILCS 105/3
105 ILCS 5/10-9
5 ILCS 420/4A-101, 420/4A-105/ 420/4A-106 and 420/4A-107
Adopted: 6/23/94
Affirmed: 3/20/2006
Board of Education Policy 2-110
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BOARD OF EDUCATION
BOARD OFFICERS
At each annual organization meeting of the Board of Education held after the
consolidated election in odd-numbered years, and during the regular meeting in the
alternate April, the Board shall elect a President, Vice President and a Secretary to serve
until the next board officer election. In the absence of the President, the Vice President
shall be appointed the President Pro Tem. In the absence of the President and Vice
President, a President Pro Tem shall be elected by the members present. In the absence
of the Secretary at the Board meeting, the President or President Pro Tem shall appoint a
Board member as Secretary Pro Tem for the meeting.
President
The President of the Board shall preside at all meetings, appoint special and standing
committees and perform such other duties as are provided by law. The President shall
execute all documents on behalf of the Board, except as otherwise provided by law or by
special action of the Board.
Vice President
The Vice President of the Board shall perform the duties of the President if the Office of
President is vacant; the President is absent; or the President is unable to perform the
office’s duties. The Vice President shall perform other duties imposed by the Board.
Secretary
The Secretary of the Board shall keep all minutes; prepare with the assistance of Board
counsel all legal documents; make all necessary and legal arrangements for the conduct
of public referendums pertaining to site acquisition, building construction, tax rates,
annual elections and any and all special elections which may be required to be held by
action taken by the Board. The Secretary shall perform other duties as are provided by
law or imposed by the Board.
Board of Education Policy 2-110
Page 2 of 2
The Secretary may receive such compensation not to exceed $500 per year, as fixed by
the Board.
Treasurer
The treasurer for the District shall be appointed by the Board. The Treasurer shall:
(i) Furnish a bond which shall be approved by a majority of the Board of Education; (ii)
maintain custody of school funds; (iii) maintain records of school funds and balance; (iv)
prepare a monthly reconciliation report for the Superintendent and the Board; (v) receive,
hold and expend District funds only upon the order of the Board; and (vi) perform other
duties as enumerated in the school Code of Illinois.
Legal References:
Revised:
Revised:
Revised:
Revised:
Revised:
Revised:
105 ILCS 5/10-1 et seq, 5/8-1, 8-2, 8-3, 8-6, 8-16, 8-17,
5/10-1, 10-5, 10-7, 10-8, 10-23, 10-14, 5/17.1
10/19/81
11/10/87
6/23/94
8/24/98
9/21/99
3/20/2006
Board of Education Policy 2-120
Page 1 of 1
BOARD OF EDUCATION
BOARD MEMBER DEVELOPMENT
Board of Education members shall have an equal opportunity to attend local area, state,
and national meetings designed to familiarize members with public school issues,
governance, and legislation. Pertinent educational materials, publications, and notices of
training or development will be made available to Board members through Board
packets, direct mail, or other distribution method.
New Board Member Orientation
The Superintendent shall provide a newly elected Board member with a copy of The
School Code of Illinois, the Board Policy Manual, and the minutes of the Board meetings
of the past six months. Additional materials explaining the powers and duties of the
Board and operation of the District will be provided.
A meeting of the Board President, the Superintendent and the new member will be
arranged by the Superintendent for the purpose of answering questions and acquainting
the member with the District.
New members will be encouraged to attend workshops for new members conducted by
school board associations.
Adopted: 6/23/94
Affirmed: 3/20/2006
Board of Education Policy 2-125
Page 1 of 1
BOARD OF EDUCATION
BOARD MEMBER EXPENSES
Board of Education members may not receive compensation for their services.
Board members may attend conferences and meetings as provided by law.
Reimbursement will be for actual and necessary expenses incurred. Board members will
also be reimbursed for expenses incurred in the performance of duties or the provision of
services rendered to the organizations and associations with which the School District is
affiliated or maintains membership. No money shall be advanced or reimbursed for the
expenses of any person except the Board member.
Legal Reference: 105 ILCS 5/10-22.32
Adopted: 6/23/94
Revised: 8/24/98
Affirmed: 3/20/2006
Board of Education Policy 2-130
BOARD OF EDUCATION
Page 1 of 3
BOARD-SUPERINTENDENT RELATIONSHIPS
It is the policy of the Board of Education to differentiate as much as possible between the
Board as the body which establishes the policy and the Superintendent as one who
recommends, advises and executes, recognizing that the ultimate responsibility for the
School District is in the Board.
The objective of this policy is to clarify the roles and outline mutual responsibilities of
both the Board and the Superintendent in order that an understanding and acceptance of
respective functions may be reached.
Board Responsibilities
Superintendent Responsibilities
1. Select the Superintendent and advise
1. Act as the chief school administrator
and support him or her in the
and chief professional advisor of the
discharge of his or her duties as chief
Board, and be directly responsible to
school administrator of the District.
the Board for the effective, efficient
operation of the School District’s
programs and facilities.
2.Delegate to the Superintendent
2. Be responsible for the development of
responsibility for all executive
School District procedures, plans and
functions, refrain from handling
programs and by presentation of facts
directly any administrative detail and
and explanations assist the Board in its
give the Superintendent authority
duties.
commensurate with his or her
Provide the Board his or her professional
responsibilities.
recommendations on all
problems and issues under Board
consideration; be empowered to use
discretionary judgment in situations
not covered by Board policy or law
but report any such significant decisions to
the Board as soon as practical.
3. At least once every ten years, direct the
Superintendent to develop a Strategic Plan
in partnership with the community and
approve the implementation of that plan.
3. Coordinate development and
implementation of a Strategic Plan.
Board Responsibilities
4. Appoint all District personnel upon
the recommendation of the
Superintendent and issue all orders
affecting personnel through the
Superintendent. The Board will
provide sufficient personnel to
properly conduct and administer the school
educational program. New Trier Township
High School District 203 is an equal
opportunity employer and does not
discriminate on the basis of race,
color, religion, national origin, sex, sexual
orientation, ancestry, age, marital status,
physical or mental disability, unfavorable
discharge from military service or any
other characteristic protected by
applicable law.
Superintendent Responsibilities
4. Recommend personnel appointments,
promotions, transfers, terminations.
Delegate authority as necessary and
appropriate, with the recognition that
the Superintendent shall be
responsible for the actions of all
subordinates.
5. Approve salary schedules and
personnel policies.
5. Advise on, and recommend personnel
policies to the Board and assume
responsibility for assignment of
employees.
6. Adopt policies for operation of the
District’s programs and facilities and
assume responsibility for keeping
such policies up-to-date by reviewing all
policies at least once every five years.
6. Carry out all policies established by
the Board except those having to do
with the Board itself and advise the
Board in regard to adoption or
modification of policy.
7. Adopt an annual budget as required
by law. Estimate the need for and
levy taxes. Receive and review financial
reports. Participate in long-range financial
planning.
7. Prepare an annual budget for Board
consideration and approval. Prepare
and submit to the Board monthly and
financial reports annual financial reports on
the operation of the District’s programs
and facilities. Organize and execute longrange financial planning.
8. Consider and approve expenditures as
required by law.
8. Approve and direct all District
expenditures within limits of law and
Board policy.
Board Responsibilities
9. Require from and discuss with the
Superintendent regular reports
concerning progress of the District,
including reports on the achievement
of pupils and staff.
Superintendent Responsibilities
9. Make continuous studies of the
progress and needs of the District and
keep the Board fully and accurately
informed on the District’s programs
and facilities.
10. Consult with the Superintendent and
provide a group judgment on all
recommendations for extension or
readjustment of the scope of
educational activities and programs.
Approve textbooks as required by law.
10. Provide leadership for the educational
program of the District and in-service
training of professional employees.
Recommend textbooks for Board
approval. Keep the Board informed
on developments in the educational
field.
11. Consider recommendations for
additional capital outlays, adopt plans
for capital improvements and
determine means of financing them.
11. Develop plans for maintenance,
improvements in or expansion of
building and site facilities needed to
provide for the District’s educational
program.
12. Assume as a major responsibility
representing the entire community
with regard to the operation of the
District’s programs and facilities.
12. Take the lead in establishing and
maintaining good public and press
relations for the District and for
maintaining contact with state
legislators.
13. Require the Superintendent’s
presence at meetings of the Board
except when the Superintendent’s
employment is under consideration or
when the Board has authorized his or
her absence.
13. Prepare agendas for Board meetings
and attend all such meetings except
when the Superintendent’s
employment is under consideration or
when his or her absence has been
authorized by the Board.
14. Approve all courses of instruction.
14. Recommend courses of instruction to
the Board and implement such courses
upon approval of the Board.
Legal References: 105 ILCS 5/10-21.4
23 Il.Admn.Cd. § 1.210
Adopted: 6/23/94
Revised: 8/24/98
Revised: 11/20/2006
Board of Education Policy 2-140
Page 1 of 2
SCHOOL BOARD
Communications to and from the Board
Staff members, parents, and community members should submit questions or
communications to the School Board through the Superintendent. Board members’
questions or communications to staff or about programs will be channeled through the
Superintendent’s Office. 1 If contacted individually, Board members will refer the person
to the appropriate channel of authority, except in unusual situations. Board members will
not take private action that might compromise the Board or administration.
Board Member Use of Electronic Mail 2
E-mail to, by and between Board members, in their capacity as Board members, shall not
be used to conduct Board business. It shall be limited to: 3
1. Disseminating information; and
2. Messages not involving deliberation, debate, or decision-making.
It may contain:
1. Agenda item suggestions;
2. Reminders regarding meeting times, dates, and places;
3. Board meeting agenda or public record information concerning agenda items; or
1
Required by 23 Ill.Admin.Code § 1.220.
Currently, no Illinois appellate law deals specifically with Open Meetings Act (5
ILCS 120/1 et seq.) or Freedom of Information Act (5 ILCS 140/1 et seq.) implications of e-mail
communications between school board members.
3
Complying with these 2 caveats will help avoid an Open Meetings violation.
2
Policy 2-140
Page 2 of 2
4. Responses to questions posed by the community, administrators, or school staff,
subject to this policy’s first section.
A Board member sending an e-mail concerning the District shall copy the Superintendent
or designee, who shall store the message. There is no expectation of privacy for any
messages sent or received by e-mail.
Legal Reference: 23 Ill. Admin. Code § 1.220
Cross Reference: 2:220 (School Board Meeting Procedure), 3:30 (Line and Staff
Relations), 8:50 (Visitors to the Schools), 8:110 (Public
Complaints)
Adopted: 11/87
Revised: 6/23/94
Revised: 5/20/02
Affirmed 3/20/2006
__________________________________________
4 Optional;
serves two purposes: expedites a records’ request response and causes
self-policing among board members.
Board of Education Policy 2-150
Page 1 of 1
BOARD OF EDUCATION
COMMITTEES
Board Committees
The Board of Education may create Board committees, to assist with the Board’s governance
functions, and in some situations, to comply with State law requirements. Board committees
report directly to the Board. The President makes all Board committee appointments unless
specifically stated otherwise; committees may include both Board members and non-Board
members depending on the committee’s purpose. The President is an ex officio member of each
committee, as is the Superintendent or designee, unless otherwise specified by the President of
the Board. Board committee meetings, including the Committee of the Whole, shall comply
with the Open Meetings Act. The Committee of the Whole and all other Board committees may
not take final action on behalf of the Board; committees may only make recommendations to the
Board. The public shall not have the right to address the committee during meetings but may do
so with the permission of the committee.
1. Committee of the Whole
From time to time, the Board of Education may meet as a Committee of the
Whole.
2. Special Board Committees
Special committees may be created for a specific purpose or to investigate a
special issue. A special committee shall be automatically dissolved after
presenting its final report to the Board or at the Board’s discretion. Citizen
advisory committees may be used to interpret school needs to the community and
to gather information from the community.
3. Standing Board Committees
Standing committees may be created for an indefinite term to fulfill a continuing
District need for investigation and monitoring of a specific issue.
Nothing in this policy limits the authority of the Superintendent or designee to create and use
committees that report to him or her or to other staff members.
Legal References: 5 ILCS 120/1 et seq.
105 ILCS 5/10-20.14 and 10/1 et seq.
Revised: 11/87
Adopted: 6/23/94
Affirmed: 3/20/2006
Approved: 8/23/2010
Board of Education Policy 2-160
Page 1 of 1
BOARD OF EDUCATION
SCHOOL ATTORNEY
Counsel for the Board of Education shall be selected by majority vote of the Board, from
year to year, and may attend all public meetings of the Board.
Adopted: 6/23/94
Affirmed: 3/20/2006
Board of Education Policy 2-170
Page 1 of 1
BOARD OF EDUCATION
SCHOOL ARCHITECT AND OTHER PROFESSIONALS
The Board of Education may select architects, engineers, land surveyors and other
professionals to provide professional services to the District based on demonstrated
competence and qualifications, and in accordance with State law.
The person or representative from the firm selected shall meet with the Superintendent
and the Board to discuss responsibilities and scope of services.
Legal Reference:
Adopted: 6/23/94
Revised: 8/24/98
Affirmed: 3/20/2006
0 ILCS 510/1 et seq.
105 ILCS 5/10-20.21
40 U.S.C. § 541
Board of Education Policy 2-190
Page 1 of 1
BOARD OF EDUCATION
MAILING LISTS FOR RECEIVING BOARD MATERIAL
The Superintendent shall maintain a mailing list of the names and addresses each year of persons
who file a written request to be on such a list. Those persons shall be mailed copies of the
following, provided they have pre-paid a subscription fee if so established by the Board:
1. Board Meeting Agenda;
2. Budgets
3. Audits
4. Official Board minutes (mailed within 10 days after approval)
The subscription fee may be set annually to cover reproduction and mailing costs. The
subscription period shall be the same as the District’s fiscal year.
Documents Available Online
After each Board of Education meeting, supporting documents presented to the Board at the
meeting will be available to the public through the New Trier High School website (with any
information protected by law from disclosure redacted from those documents).
Legal Reference: 105 ILCS 5/10-21.6
Adopted: 6/23/94
Affirmed: 3/20/2006
Approved: 8/23/2010
___________________________________________________________________________
Board of Education Policy 2-200
Page 1 of 4
BOARD OF EDUCATION
TYPES OF BOARD OF EDUCATION MEETINGS
Official action by Board of Education members must occur at a duly called and legally
conducted meeting. “Meeting” is defined as any gathering of the majority of a quorum of Board
members for the purpose of discussing School District business. A quorum of the Board must be
physically present at all Board meetings. The Superintendent or designee shall satisfy all notice
and posting requirements contained herein as well as in the Open Meetings Act. This shall
include mailing meeting notifications to news media that have officially requested them and to
others as approved by the Board.
Regular Meetings
All formal actions of the Board will take place at open meetings at which members of the general
public and representatives of the news media are welcome. Meetings will be held at the District
Office at times and on dates designated on a calendar adopted at the Board’s organizational
meeting. The Board may change a regular meeting date or time by giving 10 days notice.
A meeting agenda shall be posted at the District’s main office and the Board’s meeting room, as
well as on both campuses, at least 48 hours before the meeting. Items not specifically on the
agenda may still be considered during the meeting, but action may not be taken on the nonagenda item.
Special Meetings
Special meetings may be called by the President of the Board or any three members of the Board
by giving notice thereof in writing, stating the time, place and purpose of the meeting. Such
notice shall be served on Board members at least 48 hours before such meeting. Public notice of
a special meeting is given by posting a notice at the District Office and at both campuses at least
48 hours before the meeting, and by notifying local news media which have filed a written
request for notice, in the same manner as provided for the notification of Board members. A
meeting agenda will accompany the notice. Only such business as specified in the Special
Meeting agenda shall be discussed, considered, or brought before the Board.
Policy 2-200
Page 2 of 4
Adjourned Meetings
The Board may adjourn and reconvene a meeting to any fixed date for the completion of any
unfinished business, except that no adjournment should be made to a date beyond the date of the
next scheduled regular meeting. Public notice of an adjourned meeting shall be given in the same
manner as that prescribed for a special meeting, except that no public notice is required when the
meeting is to reconvene within 24 hours of the original meeting or when an announcement of the
time and place of the adjourned meeting was made at the original meeting and there is no change
in the agenda.
If public notice of an adjourned regular meeting is given, all business may be transacted which
would have been proper in the meeting from which adjournment was taken, including additions
to the agenda.
Emergency Meeting
Public notice of emergency meetings shall be given as soon as practical, but in any event, before
the meeting to news media that have filed a written request for notice.
Closed Sessions
The Board and Board committees may meet in a closed meeting to consider the following
subjects:
1. The appointment, employment, compensation, discipline, performance, or dismissal of
specific employees of the public body or legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee of the public body or against legal
counsel for the public body to determine its validity. 5 ILCS 120/2(c)(1).
2. Collective negotiating matters between the public body and its employees or their
representatives, or deliberations concerning salary schedules for one or more classes of
employees. 5 ILCS 120/2(c)(2).
3. The selection of a person to fill a public office, as defined in the Open Meetings Act,
including a vacancy in a public office, when the public body is given power to appoint under
law or ordinance, or the discipline, performance or removal of the occupant of a public office,
when the public body is given power to remove the occupant under law or ordinance. 5 ILCS
120/2(c)(3).
4. Evidence or testimony presented in open hearing, or in closed hearing where specifically
authorized by law, to a quasi-adjudicative body, as defined in the Open Meetings Act,
provided that the body prepares and makes available for public inspection a written decision
setting forth its determinative reasoning. 5 ILCS 120/2(c)(4).
5. The purchase or lease of real property for the use of the public body, including meetings
held for the purpose of discussing whether a particular parcel should be acquired. 5 ILCS
120/2(c)(5).
6. The setting of a price for sale or lease of property owned by the public body. 5 ILCS
120/2(c)(6).
Policy 2-200
Page 3 of 4
7. The sale or purchase of securities, investments, or investment contracts. 5 ILCS
120/2(c)(7)
8. Security procedures and the use of personnel and equipment to respond to an actual, a
threatened, or a reasonably potential danger to the safety of employees, students, staff, the
public, or public property. 5 ILCS 120/2(c)(8).
9. Student disciplinary cases. 5 ILCS 120/2(c)(9).
10. The placement of individual students in special education programs and other matters
relating to individual students. 5 ILCS 120/2(c)(10).
11. Litigation, when an action against, affecting or on behalf of the particular public body has
been filed and is pending before a court or administrative tribunal, or when the public body
finds that an action is probable or imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed meeting. 5 ILCS 120/2(c)(11).
12. The establishment of reserves or settlement of claims as provided in the Local
Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition
of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss
or risk management information, records, data, advice or communications from or with
respect to any insurer of the public body or any intergovernmental risk management
association or self insurance pool of which the public body is a member. 5 ILCS
120/2(c)(12).
13. Self evaluation, practices and procedures or professional ethics, when meeting with a
representative of a statewide association of which the public body is a member. 5 ILCS
120/2(c)(16).
14. Discussion of minutes of meetings lawfully closed under the Open Meetings Act, whether
for purposes of approval by the body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06. 5 ILCS 120/2(c)(21).
The Board may hold a closed meeting, or close a portion of a meeting, by a majority vote of a
quorum, taken at an open meeting. The vote of each Board member present, and the reason for
the closed meeting, will be publicly disclosed at the time of the meeting and clearly stated in the
motion and the meeting minutes.
No final Board action will be taken at a closed meeting.
Policy 2-200
Page 4 of 4
Closed session meetings will be recorded on audiotape. Each recording will be retained for at
least 18 months after it is created. After the 18 month retention period concludes, the recording
will be destroyed if the Board approves both (1) the destruction of the recording and (2) the
written minutes documenting the relevant closed session proceedings. Minutes and recordings
will not be released if confidentiality is necessary to protect either the public interest or the
privacy of an individual. Recordings will be made publicly available only after the Board’s
approval or pursuant to a court order.
Written minutes of closed session meetings must include the date, time, and place of the meeting,
the members present and absent, and a summary of the matters discussed. At least every six
months, the Board will review the minutes and recordings of all closed sessions not previously
released and will decide which, if any, no longer require confidentiality and should be made
available for public inspection. The Board will report the results of this review in open session.
The Board will vote in open session to approve any minutes of closed session meetings and to
destroy recordings of those sessions (after the 18 month retention period has expired).
Information will not be disclosed under this policy if it would violate state or federal laws
requiring the confidentiality or privacy of information, including student records, employment
applications or personnel files, attorney-client communications, school security plans, and
information exempt from disclosure under the Freedom of Information Act. The Board will
implement procedures consistent with this policy.
Posting on the District Website
In addition to the other notices specified in this policy, the Superintendent or designee shall post
the following on the District website: (1) the annual schedule of regular meetings, which shall
remain posted until the Board approves a new schedule of regular meetings; (2) a public notice
of all Board meetings; and (3) the agenda for each regular meeting
Legal Reference: 5 ILCS 120/2.06
105 ILCS 5/10-6 and 5/10-16
23 Ill. Admin. Code § 1.210(b)(3)
Revised: 4/10/78
Revised: 6/23/94
Revised: 8/24/98
Revised: 12/15/03
Affirmed: 3/20/2006
Approved: 8/23/2010
1 OF 1
RECORD OF CLOSED SESSIONS
PROCEDURES
Providing recording devices. Before every meeting, the Superintendent will ensure that
an audio recording device and all necessary accompanying items are available to the
Board in the event the Board finds it necessary to meet in closed session.
Responsibility for recording. During a closed session meeting, the Board Secretary will
be responsible for recording closed session meetings by audiotape. If the Board Secretary
is not present, the Board President or presiding officer will assume this responsibility.
The person making the recording will be responsible for labeling the recording with the
date and storing it in a secure location in the Superintendent’s Office.
Storing recordings. The Superintendent will ensure that a secure place in his or her
Office is provided for the storage of any recordings of closed session meetings.
Creating and approving closed session minutes. The Board Secretary will prepare
minutes of each closed session meeting and will ensure the Board approves the minutes
within six months of the meeting documented.
Semi-annual review of closed session recordings and minutes. The Board Secretary
will ensure the Board reviews the existing minutes and recordings of closed session
meetings in a closed session portion of the regularly scheduled February and September
Board meetings. The Board will determine and the Board Secretary or Board President
will report in open session whether all or part of the minutes and recordings still require
confidentiality, or are available for public inspection.
Approving the destruction of recordings. The Board Secretary will also ensure the
Board considers whether to destroy the recording of a closed session meeting no less than
eighteen (18) months after that meeting and no more than two (2) years after that
meeting.
Destroying recordings. After the destruction of a recording has been properly approved,
the Board Secretary will completely erase the recording.
Source: 5 ILCS 120/2.06
Board Policy 2-200
Adopted: 12/15/03
Affirmed: 3/20/2006
Board of Education Policy 2-210
Page 1 of 1
BOARD OF EDUCATION
ORGANIZATIONAL BOARD MEETINGS
The Board of Education shall organize within seven days after a Board member election.
To facilitate the organizational meeting, the following shall occur at a regular March
meeting:
1. The Board shall establish a date for the organizational meeting.
2. The Board shall designate a president pro tem to convene the organizational
meeting, appoint a temporary secretary, and conduct the election of Board
officers.
At the organizational meeting, the following shall occur:
1. The Board shall canvass the votes and declare the results of the election.
2. The new Board members shall be immediately seated, except as otherwise
provided by law.
3. The Board shall elect its officers, who assume office immediately upon their
election.
4. The Board shall fix the times and dates for its regular meetings for the
following 12-month period. The Superintendent shall have the responsibility
of preparing and making available the calendar of regular Board meetings in
accordance with The School Code of Illinois.
Legal Reference:
Adopted: 6/23/94
Revised: 8/24/98
Revised: 3/20/2006
5 ILCS 120/2.03
105 ILCS 5/9-18, 5/10-5 and 5/10-16
10 ILCS 5/1-3, /2A-1.1, 5/22-17, 5/28 and 5/2A-48
Board of Education Policy 2-220
Page 1 of 4
BOARD OF EDUCATION
BOARD OF EDUCATION MEETING PROCEDURE
At each meeting of the Board of Education, the order of business normally will be as follows:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Call to Order
Closed Session
Reconvene to Open Session
Minutes
Communications
Special Orders of Business
Administrative Items
Consent Agenda
Board Member Reports
Board members’ calendar of events
Agenda
The School Board President is responsible for focusing the Board meeting agendas on
appropriate content. The Superintendent shall prepare agendas in consultation with the Board
President. The President shall designate a portion of the agenda as a consent agenda for those
items that usually do not require discussion or explanation before Board actions. Upon the
request of any Board member, an item will be withdrawn from the consent agenda for
independent consideration.
Items submitted by School Board members to the Superintendent or the President shall be placed
on the agenda. District residents may suggest inclusions on the agenda. Such suggestions must be
received by the Superintendent at least 7 days before the School Board meeting.
Items not on the agenda may be discussed at the meeting; however, no action will be taken on
such items.
Policy 2-220
Page 2 of 4
The Superintendent shall provide a copy of the agenda, with adequate data and background
information, to each School Board member at least 48 hours before each meeting, except a
meeting held in the event of an emergency.
The order of business at regular School Board meetings shall be determined by the Board
President.
Upon consent of a majority of members present, the order of business at any meeting may be
changed.
Voting Method
Unless otherwise provided by law, when a vote is taken upon any measure before the School
Board, with a quorum being present, a majority of the votes cast shall determine its outcome.
When votes are entered in the minutes, “present” or “abstain” votes shall be recorded as such. A
vote of “present” or “abstain” is counted with the majority of votes cast, unless otherwise
provided for by law. On a tie vote, the motion is defeated.
The sequence for casting votes shall be rotated.
On all questions presented on the consent agenda, including those involving the expenditure of
money and on all questions involving the closing of a meeting to the public, a roll call vote shall
be taken and entered in the Board’s minutes.
Minutes
The Board Secretary shall keep written minutes of all School Board meetings, which shall be
signed by the President and the Secretary.
The minutes include:
1. The date, time and place of meeting;
2. School Board members recorded as either present or absent;
3. A summary of discussion on all matters proposed, deliberated, or decided and a
record of any votes taken;
4. On all matters requiring a roll call vote, the “yeas” and the “nays” shall be recorded;
5. If the meeting is adjourned to another date, the time and place of adjourned meeting;
6. The vote of each member present when a vote is taken to hold a closed meeting or
portion of a meeting and the reason for the closed meeting, with a citation to the
specific exception contained in the Open Meetings Act authorizing the closed
meeting;
7. A record of all motions, the member making the motion and the second; and
8. The type of meeting, including any notices and, if a reconvened meeting, the original
meeting’s date.
Policy 2-220
Page 3 of 4
The minutes shall be submitted to the School Board for approval or modification at the next
regularly scheduled open Board meeting.
Semi-annually, the Board shall meet in closed session to review the minutes from closed
meetings that are currently unavailable for public release. The Board (1) reviews minutes from
all closed meetings that are currently unavailable for public release, and (2) decides which, if
any, no longer require confidential treatment and are available for public inspection. At the next
Regular Board of Education Meeting, the Board will act in open session to determine whether all
or part of the minutes and recordings still require confidentiality, or are available for public
inspection.
The official minutes are in the custody of the Board Secretary. Minutes of open meetings are
available for inspection during regular office hours within 7 days after the Board’s approval, in
the office of the Superintendent, in the presence of the Secretary, the Superintendent, or any
member of the School Board. Minutes of closed meetings are likewise available if the School
Board determines that it is no longer necessary to protect the public interest or the privacy of an
individual by keeping them confidential. Only official minutes are available. The official record
shall not be removed from the Superintendent’s office except by vote of the School Board or by
court order.
The Board’s open meeting minutes shall be posted on the District website within 7 days after the
Board approves them.
Verbatim Record of Closed Meetings
The Superintendent, or the Board President when the Superintendent is absent, shall audio record
all closed meetings. After the closed meeting, the Board Secretary shall label the recording with
the date and store it in a secure location. The Board Secretary shall ensure that: (1) an audio
recording device and all necessary accompanying items are available to the Board for every
closed meeting, and (2) a secure location for storing closed meeting audio recordings is
maintained close to the Board’s regular meeting location.
After 18 months have passed since being made, the audio recording of a closed meeting is
destroyed provided the Board approved (1) its destruction, and (2) minutes of the particular
closed meeting.
Quorum
A quorum of the Board must be physically present at all Board meetings. A majority of the full
membership of the School Board shall constitute a quorum.
Policy 2-220
Page 4 of 4
Provided a quorum is physically present, a Board member may attend a meeting by video or
audio conference if he or she is prevented from physically attending because of (1) personal
illness or disability, (2) employment purpose or District business, or (3) a family or other
emergency. If a member wishes to attend a meeting by video or audio means, he or she must
notify the Board Secretary or Superintendent at least 24 hours before the meeting unless advance
notice is impractical. The Board Secretary or Superintendent will inform the Board President
and make appropriate arrangements. A Board member who attends a meeting by audio or video
means, as provided in this policy, may participate in all aspects of the Board meeting including
voting on any item.
Broadcasting and Recording Board Meetings
Any person may record or broadcast an open Board meeting. Requests for special needs, such as
seating, writing surfaces, lighting, and access to electrical power, should be directed to the
Superintendent at least eight hours before the meeting.
Recording meetings shall not distract or disturb Board members, other meeting participants, or
members of the public. The Board President may designate a location for recording equipment,
may restrict the movements of individuals who are using recording equipment, or may take such
other steps as are deemed necessary to preserve decorum and facilitate the meeting.
Legal Reference: 5 ILCS 120/2 et seq.
105 ILCS 5/10-12, 5/10-16
Revised: 12/12/77
Revised: 6/23/94
Revised: 8/24/98
Revised: 3/20/2006
Approved: 8/23/2010
Board of Education Policy 2-230
Page 1 of 2
BOARD OF EDUCATION
PUBLIC PARTICIPATION AT BOARD MEETINGS
At each regular and special Board of Education meeting, opportunity will be provided for
members of the public and District employees to speak to the Board, subject to reasonable
constraints. .
The individuals appearing before the Board are expected to follow these guidelines:
1. Speakers are to make known their desire to address the Board of Education by filling out
and submitting a request card at the start of the meeting. The card will contain the
individual’s name, address and phone number along with a brief indication as to the
nature of the subject matter.
2. Speakers must abide by the rules of order governing such Board meetings and are asked
to confine their remarks to no more than five minutes at the designated time. Normally,
30 minutes will be allowed in this portion of the meeting; however, this position may be
altered at the discretion of the presiding officer.
3. Comments which are substantially repetitive of comments made by preceding speakers
should be presented as briefly as possible or through a spokesperson for a group.
4. The Board President shall have the authority to determine procedural matters regarding
public participation not otherwise defined in Board policy.
5. Questions and comments should address the Board of Education as a whole only. No
comments should be directed to an individual Board member, audience, principals, or
other staff members.
6. The Board of Education will not entertain charges or complaints against individual
employees by persons who address it during a Board meeting. Rather, a charge of
complaint against an employee must be in writing and signed by the person who makes it,
and the Board of Education will refer any such charge or complaint for appropriate
review, taking into consideration the procedural due process rights of the individual in
question.
7. Speakers shall conduct themselves with respect and civility toward others and otherwise
abide by Board policy.
Policy 2-230
Page 2 of 2
At each regular Board of Education meeting, the Board will acknowledge any petitions or
correspondence received by the Board since the last regular Board meeting.
Legal Reference: 105 ILCS 5/10-16
Revised: 12/12/77
Revised: 6/23/94
Revised: 8/24/98
Revised: 3/20/2006
Revised: 9/20/2010
Board of Education Policy 2-240
Page 1 of 2
BOARD OF EDUCATION
BOARD POLICY DEVELOPMENT
The formulation and adoption of written policies is the basic method by which the Board
of Education exercises its leadership. A “policy” is a statement adopted by the Board
providing general guidance on a specific topic which can be implemented by
administrative action or procedures.
Preliminary Development
Any Board member, the Superintendent, or any District citizen may propose new policies
or changes to existing policies. Suggestions from staff members or organizations are
processed through regular administrative channels.
The Superintendent or his or her designee is responsible for: (1) notifying those who will
be affected by a proposed policy and, when appropriate, obtaining their advice and
suggestions, and (2) drafting policy recommendations into acceptable written form for
further deliberation and/or action by the Board. The Superintendent or designee shall
seek the counsel of the school attorney when there may be a legal question in a policy’s
development.
Policy Adoption
Policies or policy revisions will not be adopted at the Board meeting at which they are
introduced. Further Board consideration will be given at a subsequent meeting(s). The
Board may grant temporary approval to meet emergency conditions or special events
which may occur before formal action can be taken.
Policy Dissemination
The Board policies are available for public inspection in the District Office during regular
office hours.
Policy 2-240
Page 2 of 2
Administration in Policy Absence
In the absence of Board policy, the Superintendent is authorized to take appropriate
administrative action but shall promptly inform the Board.
Suspension of Policies
The operation of any Board policy not established by law or contract may be temporarily
suspended by a majority vote of Board members present at a regular or special meeting.
Board Policy Review and Evaluation
At least once every five years, the Board shall evaluate the execution and results of its
policies and consider whether any modifications are required.
Board Review of Administrative Procedures
The Superintendent shall notify and provide a copy to the Board of any new or modified
administrative procedures. The Board retains the right to direct the Superintendent to
make changes.
Legal Reference: 105 ILCS 5/10-20.5
Adopted: 6/23/94
Revised: 11/20/2006
Board of Education Policy 2-250
Page 1 of 2
BOARD OF EDUCATION
ACCESS TO DISTRICT’S PUBLIC RECORDS
The District’s “public records” are those records and documents, regardless of physical or
electronic form, pertaining to the transaction of public business and as further defined by law,
including the Illinois Freedom of Information Act (“FOIA”), and the District’s FOIA
Administrative Procedures. The District shall maintain and make available for inspection a
reasonably current list of the types and categories of records under its control, as well as those
documents that are immediately available upon request.
The District shall respond to all written requests for public records as set forth in this Policy and
the District’s FOIA Administrative Procedures. The Superintendent shall designate one or more
employees as the District’s Freedom of Information Officer (“FOIA Officer”) to receive FOIA
requests, coordinate review of the relevant information, and respond on behalf of the District in a
timely manner. Each FOIA Officer shall successfully complete the required training through the
Public Access Counselor’s office of the Attorney General on a timely basis.
Requests to inspect and/or copy the District’s public records must be submitted in writing, and
are expected to be directed to the District’s FOIA Officer. Requests are expected to specify with
reasonable particularity which public records are sought to avoid inefficient use of staff time in
retrieving and preparing records for inspection. Repeated requests from the same person for the
same records that are unchanged or identical to records previously provided or properly denied
under FOIA are deemed unduly burdensome and may be denied. If a request is for a commercial
purpose, as defined in FOIA and the District’s FOIA Administrative Procedures, the requester is
expected to disclose that in his or her initial written request. It is a violation of FOIA for a
person to knowingly obtain a public record for a commercial purpose without disclosing that it is
for a commercial purpose, if requested to do so by the District.
The District shall approve the written FOIA request, unless (1) the requested document is not a
“public record” as defined in FOIA and the District’s FOIA Administrative Procedures; (2) the
public record is exempt by law from inspection and copying; or (3) complying with the request
would be unduly burdensome. If an otherwise non-exempt responsive record contains
information that is exempt from disclosure, the District will redact the information that is exempt
and make the remaining information available for inspection and copying.
Policy 2-250
Page 2 of 2
The Board periodically shall set fees for reproducing public records in accordance with FOIA.
Such fees shall be set forth in the FOIA Administrative Procedures.
In the event that a written request for access to District public records is denied, in whole or in
part, the FOIA Officer shall provide the individual making the request with a written statement
of the reasons for the denial and notice of the right to appeal the decision to the Public Access
Counselor’s office of the Attorney General and the right to judicial review.
The School Board President, FOIA Officer, Superintendent or designee shall report to the Board
of Education at each regular meeting any FOIA requests as well as the status of the response(s).
A list of FOIA requests and the status of the responses shall be maintained by the FOIA Officer
for the previous six months.
The Superintendent is authorized to develop Administrative Procedures to implement this Policy.
The Superintendent and FOIA Officers shall implement this Policy in accordance with the
District’s FOIA Administrative Procedures and all applicable law.
Legal References: 5 ILCS 140/1 et seq.
105 ILCS 5/10-16
Adopted: 6/23/94
Affirmed: 3/20/2006
Amended: 12/14/2009
Approved: 1/19/2010
Approved: 8/23/2010
______________________________________________________________________________
Board of Education Policy 2-250R
Page 1 of 9
BOARD OF EDUCATION
PROCEDURE
ACCESS TO DISTRICT’S PUBLIC RECORDS
The following procedures shall be applied when individuals seek access to public records under
the Illinois Freedom of Information Act (“FOIA”) and District Policy 2-250:
1.
Definition of Public Records. “Public records” which may be available pursuant to
District Policy and these Procedures means all records, reports, forms, writings, letters,
memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings,
electronic data processing records, electronic communications, recorded information and
all other documentary materials pertaining to the transaction of public business,
regardless of physical form or characteristics, having been prepared by or for, or having
been or being used by, received by, in the possession of, or under the control of the
District, or as otherwise defined by applicable law.
2.
FOIA Requests to be in Writing. Requests to inspect and/or copy District public
records must be submitted in writing, and are expected to be directed to the District’s
Freedom of Information Officer(s) (“FOIA Officer”). Requests are expected to specify
with reasonable particularity which public records are sought to avoid inefficient use of
staff time in retrieving and preparing records for inspection. Repeated requests from the
same person for the same records that are unchanged or identical to records previously
provided or properly denied under FOIA are deemed unduly burdensome and may be
denied. If a request is for a commercial purpose, as defined in FOIA and Section 4.B.
below, the requester is expected to disclose that in his or her initial written request. It is a
violation of FOIA for a person to knowingly obtain a public record for a commercial
purpose without disclosing that it is for a commercial purpose, if requested to do so by
the District.
3.
FOIA Officer(s).
A.
Designation of FOIA Officer(s). The Superintendent shall designate one or
more employees to serve as the District’s FOIA Officer(s). If more than one, the
Superintendent shall designate a Chief FOIA Officer and one or more Deputy
FOIA Officers.
B.
C.
Page 2 of 9
Training of FOIA Officer(s). Every FOIA Officer, including any deputies, must
complete an electronic training curriculum developed by the Public Access
Counselor’s office of the Attorney General by July 1, 2010. After July 1, 2010,
whenever a new FOIA officer is designated, that person must complete the
electronic training curriculum within 30 days after assuming the position. After
the initial training, all FOIA Officers must complete an annual training program
by the Public Access Counselor.
FOIA Officer Duties. Upon receiving a request for a public record, the FOIA
Officer shall:
•
•
•
•
•
•
•
4.
Note the date the public body receives the written request.
Compute the day on which the period for response will expire (see Section
4 below) and make a notation of that date on the written request.
Maintain an electronic or paper copy of each written request, including all
documents submitted with the request until the request has been complied
with or denied.
Coordinate examination of responsive documents, notices to and followup with the Public Access Counselor, as necessary.
Prepare and issue responses to requests on behalf of the District.
Create a file for the retention of the original request, a copy of the
response, a record of written communications with the requester, and a
copy of other communications.
Place and maintain a copy of all notices of denial in a single central office
file that is open to the public and indexed according to the type of
exemption asserted, and, to the extent feasible, according to the types of
records requested.
Response to FOIA Request.
A.
Non-Commercial Purposes. The FOIA Officer shall respond to requests for
non-commercial purposes within five business days after the District’s receipt of
the written request, unless the time period for response is extended in accordance
with the requirements of FOIA and Section 5 below.
B.
Commercial Purposes. The FOIA Officer shall respond to written requests for
commercial purposes within 21 business days after receipt. The response shall (i)
provide an estimate of the time required by the District to provide the records
requested and an estimate of the fees to be charged, which the District may
require the person to pay in full before copying the requested documents; (ii)
deny the request if an exemption applies; (iii) notify the requester that the request
is unduly burdensome and extend an opportunity to the requester to attempt to
reduce the request to manageable proportions; or (iv) provide the records
requested. Unless the records are exempt from disclosure, the FOIA Officer shall
comply with the request within a reasonable period, considering the size and
complexity of the request, and giving priority to records requested for noncommercial purposes.
Page 3 of 9
“Commercial purpose” means the use of any part of a public record, or
information derived from public records, in any form for sale, resale, or
solicitation or advertisement for sale or services. For purposes of this definition,
requests made by news media and non-profit, scientific, or academic
organizations shall not be considered to be made for a “commercial purposes”
when the principal purpose of the request is (i) to access and disseminate
information concerning news and current or passing events, (ii) for articles of
opinion or features of interest to the public, or (iii) for the purpose of academic,
scientific, or public research for education.
C.
Format of Responsive Documents. The FOIA Officer shall provide the record
in the format requested by the requester, if feasible. The FOIA Officer may direct
the requester to the District’s website for access to responsive documents, unless
the requester specifically requests another format of the responsive documents.
5.
Extensions. If an extension of time is required, the FOIA Officer shall provide written
notice to the requester of the date by which the records shall be available and the reason
for the extension. Such extension notice shall be provided within five business days after
the District’s receipt of the original request to inspect and/or copy public records.
Extensions for non-commercial requests shall be no more than an additional five business
days after the original response is due, or such longer time as agreed to in writing with
the requester. Extensions are warranted if one of the following applies or if otherwise
authorized by FOIA or Illinois law:
•
The requested records are stored in whole or in part at other locations than the
office having charge of the requested records; or
•
The request requires the collection of a substantial number of specified records; or
•
The request is couched in categorical terms and requires an extensive search for
the records responsive to it; or
•
The requested records have not been located in the course of routine search and
additional efforts are being made to locate them; or
•
The requested records require examination and evaluation by personnel having
the necessary competence and discretion to determine if they are exempt from
disclosure under FOIA or should be revealed only with appropriate deletions; or
•
The request for records cannot be complied with within the prescribed time limit
without unduly burdening or interfering with the operations of the District; or
•
There is a need for consultation, which shall be conducted with all practicable
speed, with another public body or among two or more components of a public
body having substantial interest in the determination or in the subject matter of
the request.
6.
Inspection of Public Records. Inspection of District public records not exempted from
disclosure under FOIA shall be permitted during regular business hours at the District’s
office.
Page 4 of 9
7.
Copy Charges and Waivers/Reductions.
A.
Fee Schedule. The Board of Education shall adopt a standard scale of fees, in
accordance with FOIA and other laws. The current Fee Schedule is attached to
these Administrative Procedures.
B.
8.
Waivers/Reductions. Public records may be furnished without charge or at a
reduced charge if the individual requesting the public records states specifically
the purpose for the request and the reasons that a waiver or reduction of the fee is
in the public interest. Waiver or reduction of the fee may be determined to be in
the public interest if the principal purpose of the request is to access and
disseminate information regarding the health, safety, and welfare or the legal
rights of the general public and is not for the principal purpose of personal or
commercial benefit. In determining the amount of waiver or reduction, the
District may take into consideration the amount of materials requested and the
cost of copying them.
Denials. A request may be denied when the material requested is (i) not a “public
record” of the District, as defined by law; (ii) is exempt from disclosure under FOIA or
any other State or federal law; or (iii) complying with the request would be unduly
burdensome.
A.
Unduly Burdensome Requests. Requests calling for all records falling within a
category shall be complied with unless compliance with the request would be
unduly burdensome for the District and there is no way to narrow the request and
the burden on the District outweighs the public interest in the information. Before
invoking this exemption, the FOIA Officer shall extend to the requester an
opportunity to confer in an attempt to reduce the request to manageable
proportions. However, repeated requests from the same person for the same
records that are unchanged or identical to records previously provided or properly
denied under FOIA are deemed unduly burdensome under FOIA and may be
denied.
B.
Denials based on (1) the “personal information” exemption, or (2) the
“preliminary drafts” exemption. In the event the FOIA Officer intends to deny
a request for public records, in whole or in part, based on FOIA’s exemptions for
personal information (FOIA Section 7(1)(c)) or preliminary drafts (FOIA Section
7(1)(f)), the FOIA Officer shall, within the required time frame for a response set
forth in Sections 4 and 5 above, notify the requester and the Public Access
Counselor’s office of the Illinois Attorney General of the FOIA Officer’s intent to
deny the request for one of these exemptions before issuing an official denial.
The notice to both the requester and the Public Access Counselor shall include (i)
a copy of the request; (ii) the District’s proposed response; and (iii) a detailed
summary of the public body's basis for asserting the exemption.
Page 5 of 9
In such event, the time for the FOIA Officer’s official response shall be tolled
until the FOIA Officer receives notice that the Public Access Counselor has
concluded its inquiry into the intended denial. If the Public Access Counselor
concurs with the FOIA Officer’s determination that the public record is exempt
from disclosure, the FOIA Officer shall prepare a denial in accordance with
Section 8.C below and deliver the denial to the requester. If the Public Access
Counselor disagrees, the FOIA Officer should follow the directives of the Public
Access Counselor. If the District disagrees with the conclusions or directives of
the Public Access Counselor, the District may consider filing a lawsuit.
C.
9.
Contents of Denial. In the event the FOIA Officer denies a request for access to
public records, in whole or in part, for any reason, the FOIA Officer shall provide
the requester with a written statement of the reasons for the denial, including a
detailed factual basis for the application of any exemption claimed, citation to
supporting legal authority, which may include citation to the exemption claimed,
and the names and titles or positions of each person responsible for the denial.
The notice of denial shall inform the requester of the right to review by the Public
Access Counselor’s office of the Illinois Attorney General and provide the
address and phone number for the Public Access Counselor. The notice of denial
shall also inform the requester of his or her right to judicial review in accordance
with Section 11 of FOIA.
Exemptions. Records exempt from disclosure include, but are not limited to:
•
•
•
Private information, unless disclosure is required by another provision of FOIA, a
State or federal law, or court order. Private information is defined as unique
identifiers, including a person’s social security number, driver’s license number,
employee identification number, biometric identifiers, personal financial
information, passwords or other access codes, medical records, home or personal
telephone numbers, personal email addresses, home address, and personal license
plates (except as otherwise provided by law or when compiled without the
possibility of attributing such information to any person).
Personal information, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy. An unwarranted invasion of personal
privacy is defined as the disclosure of information that is highly personal or
objectionable to a reasonable person and in which the person’s right to privacy
outweighs any legitimate public interest in obtaining the information.
Preliminary drafts, notes, recommendations, memoranda, and other records in
which opinions are expressed, or policies or actions are formulated, except that a
specific record or relevant portion of a record shall not be exempt when the record
is publicly cited and identified by the head of the District (e.g., the
Superintendent).
•
•
•
•
•
•
•
•
Page 6 of 9
Test questions, scoring keys and other examination data used to administer
examinations.
Information concerning a school’s adjudication of student disciplinary cases, but
only to the extent that disclosure would unavoidably reveal the identity of the
student.
Records relating to the District’s adjudication of employee grievances or
disciplinary cases, but not including the final outcome of cases in which
discipline is imposed.
Communications between the District and its attorney that would not be subject to
discovery in litigation.
Proposals and bids for any contract, grant, or agreement, until a final selection is
made.
Closed meeting minutes not yet available to the public under the Illinois Open
Meetings Act.
Collective bargaining documents or information, except for any final contracts or
agreements.
Information regarding real estate transactions until a sale is final.
When a request is made to inspect or copy a public record that contains information that
is exempt from disclosure, but also contains information that is not exempt from
disclosure, the District must make the non-exempt information available for inspection
and copying. However, the FOIA Officer may redact the exempt information from the
document before making it available.
10.
FOIA Information. The District shall prominently display at each of its administrative
offices and on its website the following information:
•
•
•
•
•
A brief description of the District;
A brief description of the methods whereby the public may request information
and public records;
A directory designating the District’s FOIA Officer(s);
The address where requests for public records should be directed; and
Any fees allowable under FOIA.
The District shall also make the above information available for inspection and copying,
and shall send such information through the mail if requested.
11.
12.
Page 7 of 9
Categories of Public Records. As required by Section 5 of FOIA (5 ILCS 140/5), the
FOIA Officer will maintain and make available for inspection and copying a reasonably
current list of all types or categories of documents under its control. This list is attached
to these Administrative Procedures.
Immediately Available Documents. As required by Section 3.5(a) of FOIA (5 ILCS
140/3.5(a)), the FOIA Officer will develop a list of documents or categories of records
that the District will immediately disclose upon request. This list is attached to these
Administrative Procedures.
Page 8 of 9
Categories of the District’s Public Records
As required by 5 ILCS 140/5
The following list identifies the types of public records maintained and available for public
inspection:
•
Administrative materials and procedural rules;
•
Final opinions and determinations, except for those adjudicating student
disciplinary cases where the disclosure would unavoidably reveal the identity of
the student, or those adjudicating employee grievances or disciplinary cases;
•
Final outcomes of employee grievances or disciplinary cases in which discipline
is imposed;
•
Board of Education policies and final documents explaining or interpreting such
policies;
•
Final reports and studies prepared by or for the District;
•
Information concerning expenditure of public funds, unless otherwise exempt
from disclosure under FOIA;
•
Names, salaries, titles, and dates of employment for all District employees and
officers;
•
Minutes of Board of Education meetings open to the public;
•
Information concerning grants or contracts made by the District, unless otherwise
exempt from disclosure under FOIA;
•
All other information required by law to be made available for public inspection
and copying.
List of Documents or Categories of Records that the District Shall Immediately
Disclose Upon Request
As required by 5 ILCS 140/3.5(a)
•
•
Board of Education policies
Minutes of Board of Education meetings open to the public;
Page 9 of 9
FEE SCHEDULE FOR FOIA REQUESTS
Approved by the Board of Education on January 19, 2010
Unless a fee is otherwise fixed by another statute, or unless the District grants a request for a fee
waiver/reduction in the public interest, as defined in FOIA, the charges associated with copies in
response to FOIA requests shall be as set forth below:
•
No fees shall be charged for the first 50 pages of black and white, letter or legal sized
copies requested.
•
Thereafter, a fee of $0.15 per page will be charged for each additional black and
white, letter or legal sized copy.
•
For all other copies, including color copies, the District shall charge no more than the
actual cost for reproducing the records.
Color Copies
$0.25
•
The District may charge the requester for the actual cost of purchasing a recording
medium, whether disc, diskette, tape, or other medium.
•
The cost for certifying a public record shall be $1.
Public records may be furnished without charge or at a reduced charge if the individual
requesting the public records states specifically the purpose for the request and the reasons that a
waiver or reduction of the fee is in the public interest. Waiver or reduction of the fee may be
determined to be in the public interest if the principal purpose of the request is to access and
disseminate information regarding the health, safety, and welfare or the legal rights of the
general public and is not for the principal purpose of personal or commercial benefit. In
determining the amount of waiver or reduction, the District may take into consideration the
amount of materials requested and the cost of copying them.
Legal References: 5 ILCS 140/1 et seq.
105 ILCS 5/10-16
Adopted : 1/19/2010
Board of Education Policy 2-260
Page 1 of 3
BOARD OF EDUCATION
UNIFORM GRIEVANCE PROCEDURE
Students or their parents/guardians, employees, or community members may file a
complaint in accordance with this grievance procedure, if they believe that the Board of
Education, its employees, or agents have violated their rights guaranteed by the State or
Federal constitution, State or Federal statute, or Board policy including:
1.
Title II of the Americans with Disability Act;
2.
Title IX of the Education Amendments of 1972;
3.
Section 504 of the Rehabilitation Act of 1973;
4.
Claims of sexual harassment under the Illinois Human Rights Act, Title
VII of the Civil Rights Act of 1964, and Title IX of the Education
Amendments of 1972.
The complaint manager will endeavor to respond to and resolve complaints without the
need to resort to this grievance procedure and, if a complaint is filed, to address the
complaint promptly and equitably. The right of a person to a prompt and equitable
resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit
of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of
other remedies and use of this grievance procedure does not extend any filing deadline
related to the pursuit of other remedies.
1.
Filing a Complaint
A person (hereinafter Complainant) who wishes to avail himself or herself
of this grievance procedure may do so by filing a complaint with any
District complaint manager. The Complainant shall not be required to file
a complaint with a particular complaint manager and may request a
complaint manager of the same gender. The complaint manager may
request the Complainant to provide a written statement regarding the
nature of the complaint or require a meeting with the parents/guardians of
Board of Education Policy 2-260
Page 2 of 3
a student. The complaint manager may assist the Complainant in filing a
grievance.
2.
Investigation
The complaint manager will investigate the complaint or appoint a
qualified person to undertake the investigation on his or her behalf. The
complaint or identity of the Complainant will not be disclosed except 1) as
required by law or this policy, or 2) as necessary to fully investigate the
complaint, or 3) as authorized by the Complainant. The complaint
manager shall file a written report of his or her findings with the
Superintendent. If a complaint of sexual harassment contains allegations
involving the Superintendent, the written report shall be filed with the
Board which shall render a decision in accordance with Section three of
this policy. The Superintendent will keep the Board informed of all
complaints.
3.
Decision and Appeal
After receipt of the complaint manager’s report, the Superintendent shall
render a written decision which shall be provided to the Complainant. In
the event the Complainant is not satisfied with the decision, the
Complainant may appeal the decision to the Board by making a written
request to the complaint manager. The complaint manager shall be
responsible for promptly forwarding all materials relative to the complaint
and appeal to the Board. Thereafter, the Board shall render a written
decision which shall be provided to the Complainant. This grievance
procedure shall not be construed to create an independent right to a Board
hearing.
If the grievance is a Title IX or a Section 504 complaint, following the receipt of the
decision rendered by the Board of Education, the student may appeal that decision to the
Superintendent of the Educational Service Region of Cook County pursuant to Section 310 of the Illinois School Code and thereafter to the State Superintendent of Education
pursuant to Section 2-3.8 of the Illinois School Code.
This uniform grievance procedure does not apply to grievances which may be brought
under the procedures set forth by the collective bargaining agreement.
The Superintendent has designated the Director of Personnel and Communications and
Assistant Superintendent for Business to implement the District’s uniform grievance
procedures. Every parent, student, and employee has a right to initiate a grievance or
complaint of illegal discrimination by contacting:
Board of Education Policy 2-260
Page 3 of 3
_____________________________________
Complaint Manager
Address and Phone Contact Information at School District 203
_____________________________________
Complaint Manager
Address and Phone Contact Information at School District 203
Legal References: Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq.
Americans with Disabilities Act, 42 U.S.C. para 12101 et seq.
Equal Pay Act, 29 U.S.C. § 206(d)
Immigration Reform and Control Act, 8 U.S.C. § 1324a, et seq.
Rehabilitation Act, 29 U.S.C. 791, et seq.
Title VII of Civil Rights Act, 42 U.S.C. § 2000e, et seq.
Title IX of the Education Amendments, 20 U.S.C. § 1681, et seq.
775 ILCS 5/1-101, et seq.
105 ILCS 5/10-20.7a, 5/10-22.5, 522/-19, 5/24-4, and 5/27.1
23 Ill. Admin. Code § 1.240 and § 200-40
Adopted: 6/23/94
Revised: 3/20/2006